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Reasons
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(영문) 부산지방법원 2013.10.04 2013고합445
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2013, at the entrance of the mayor of Nam-dong, Busan, the Defendant: (a) stated on May 28, 2013 that the Defendant was on board the D personal taxi driven by the victim C (the age of 62) and was under the influence of alcohol and had weak ability to discern things or make decisions, according to the Defendant’s statement (Evidence No. 25, 26 pages) of the police interrogation protocol against the Defendant under the influence of alcohol (Evidence No. 25, 26 pages). The Defendant stated that the Defendant was under the influence of alcohol at the time of the instant case (Evidence No. 15 pages); (b) the Defendant was arrested as a flagrant offender immediately after the instant report by the victim; (c) the Defendant refused to accept a written confirmation of arrest and to make an investigation on the date of the instant report (Evidence No. 11, 26 pages); and (d) the Defendant was released on the ground that it was impossible to investigate the Defendant on the ground that he was under the influence of alcohol (Evidence No. 15 pages).

On the ground that the service is not good, both of the victims were taken several times due to the following reasons: the victim's quantity, the head, the back head, and the entrance fee.

As a result, the Defendant assaulted the driver of a vehicle in operation and caused the injury of the head, hair, etc. requiring about 10 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the second interrogation protocol of the defendant against the defendant at the police;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (Evidence No. 40 pages);

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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